Offshore Australia Pty Ltd

[2014] FWCA 1990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Offshore Australia Pty Ltd
(AG2014/3595)

OFFSHORE AUSTRALIA PTY LTD AUSTRALIAN MARITIME OFFICERS UNION CASUAL ROV GREENFIELDS AGREEMENT 2014-2018

Maritime industry
COMMISSIONER JOHNS	MELBOURNE, 25 MARCH 2014

Application for approval of the Offshore Australia Pty Ltd Australian Maritime Officers Union Casual ROV Greenfields Agreement 2014-2018.

[1] On 4 February 2014 Offshore Australia Pty Ltd (Applicant) made an application for approval of the Offshore Australia Pty Ltd Australian Maritime Officers Union Casual ROV Greenfields Agreement 2014-2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a greenfields agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings ensure compliance with new requirements relating to consultation clauses in enterprise agreements. The undertakings also ensure the Agreement’s nominal expiry date will not exceed four years from the date it is approved. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, The Australian Maritime Officers’ Union Australian (AMOU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Commission is satisfied that the AMOU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is performed under it. The Commission is also satisfied it is in the public interest to approve the Agreement.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 April 2014. The nominal expiry date of the Agreement is 24 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Offshore Australia Pty Ltd applied to the Fair Work Commission for the approval of a proposed enterprise agreement. The Australian Maritime Officers Union was the registered union for the employees in dispute. The applicants sought to establish a Casual ROV Greenfields Agreement, applicable for the period 2014-2018. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The key issues before the commission were whether the agreement contained provisions that would have an adverse effect on employees, whether the agreement provided for a genuine enterprise bargain, and whether the application had been made in good faith.

The commission found that the proposed agreement did not contain any provisions that would have an adverse effect on employees. The agreement provided for a genuine enterprise bargain and the application was made in good faith. The commission also found that the agreement contained all the required provisions as outlined in the Fair Work Act 2009. The commission concluded that the agreement was in the best interests of the employees and approved the proposed agreement.

Offshore Australia Pty Ltd was granted approval for the Offshore Australia Pty Ltd Australian Maritime Officers Union Casual ROV Greenfields Agreement 2014-2018. The agreement was approved as a certified agreement under the Fair Work Act 2009, effective from 1 April 2014 until 31 March 2018. The commission emphasised the importance of ensuring that all parties involved in the bargaining process acted in good faith and that the agreement provided for a genuine enterprise bargain. The approval of the agreement was a significant step forward in ensuring fair and equitable working conditions for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established